19341. Adulteration and Misbranding of evaporated apples.    U. S. v. John
Rankin (Rankin & Son).    Plea of guilty.     Fine, $10.     (F. & D. No.
26550.    I. S. No. 14825.)
The product involved in this action consisted .of insufficiently evaporated 
apples.   It was also partly decomposed and was short weight.
On August 3, 1931, the United States attorney for the Western District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid an information 
against John Rankin, trading as Rankin & Son, Johnson, Ark., alleging shipment 
by said defendant, in violation of the food and drugs act, on or about January 
12, 1931, from the State of Arkansas into the State of Oklahoma, of a quantity 
of evaporated apples that were adulterated and misbranded. The article was 
labeled in part: (Boxes) " Net Wt. 25 Lbs. when packed Our Pride Evaporated 
Apples Packed by Rankin and Son, Springfield, Ark."
Adulteration of the article was alleged in the information for the reason that 
a substance, to wit, insufficiently evaporated apples, had been substituted in 
part for evaporated apples, which the said article purported to be. Adultera- 
tion was alleged for the further reason that the article consisted in whole and 
in part of a filthy and decomposed and putrid vegetable substance.
Misbranding was alleged for the reason that the statements, to wit, "Evap- 
orated Apples " and " Net Wt. 25 Lbs.," borne on the boxes, were false and mis- 
leading in that the said statements represented that the article consisted wholly 
of evaporated apples and that each of the boxes contained 25 pounds net weight 
of the said article; and for the further reason that it was labeled as aforesaid 
so as to deceive and mislead the purchaser into the belief that it consisted wholly 
of evaporated apples and that each of the boxes contained 25 pounds net of 
the article; whereas it consisted in part of insufficiently evaporated apples, and 
each of said boxes did not contain 25 pounds of the said article, but did contain 
a less amount.
On November 7, 1931, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $10.
ABTHTTR M. HYDE, Secretary of Agriculture.